Aidan O’Neill QC

Year of Call: 1987 Silk: 1999 (Scotland) | 2017 (Eng & Wales)

He is extraordinarily able, and has astonishing depth and breadth of knowledge.

Chambers & Partners

Queen’s Counsel at the Scottish Bar and of the Bar of England and Wales. A wide ranging legal practice in both London and Edinburgh, with particular experience and expertise in commercial judicial review, environmental/Aarhus law and in employment/equality law. A specialist in EU law, in human rights law and in UK constitutional law. Awarded the Legal 500 UK Bar Award for EU law silk of the year in 2015 and Scottish Legal Awards 2017 and 2018 silk of the year.

A highly experienced pleader before the top courts. Senior counsel in almost thirty cases to date from across the UK before the UK Supreme Court/ House of Lords, as well before the Court of Justice of the European Union and the European Court of Human Rights.

2016 Christian Institute and others v. Lord Advocate [2016] UKSC 61, [2015] CSIH 64, [2015] CSOH 7 – judicial review on whether or not the “named person service” provisions in Part 4 of the Children and Young People (Scotland) Act 2014 are within the legislative competence of the Scottish Parliament and compatible with fundamental rights standards for data protection.

2017 R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 (Whether the UK Government could rely upon its prerogative powers to trigger Article 50 TEU for the UK to leave the EU).

2016 Shindler v. Chancellor of the Duchy of Lancaster 24 May [2016] UKSC 2016/0105 [2016] EWCA Civ 469 [2016] EWHC (Admin) 957 challenge to the EU and common law constitutional compatibility of the exclusion from the Brexit referendum franchise of British citizens who had exercised their EU free movement and citizenship rights to live outside the UK for more than 15 years.

2013 R. (Chester) v Secretary of State for Justice/McGeoch v. Lord President of the Council [2013] UKSC 63; [2011] CSIH 67; [2011] CSOH 65 – Judicial Review of the compatibility with the petitioner’s EU law citizenship rights of the decision to refuse the a convicted prisoner’s application to be included on the Electoral Register for local government elections and separately for elections to the European Parliament.

2012 Walton (formerly Roadsense) v. Scottish Ministers [2012] UKSC 44 – EU law and the Aarhus Convention in relation to duties of strategic environmental assessment, public consultation and statutory title of “persons aggrieved” to object to road schemes on environmental grounds.

Human rights law

2018 Van Pham v. Her Majesty’s Advocate [2018] HCJAC – on defences available to criminal charges for those claiming to be victims of modern slavery/people trafficking

2018 A v. General Council of Bar of Northern Ireland [2018] UKSC judgment awaited; [2015] NIQB 4 – JR of compatibility of NI Bar Council rules requiring instruction of senior counsel with Convention right to lawyer of one’s choosing

2017 AB v. Her Majesty’s Advocate [2017] UKSC 25 – challenge to the Convention compatibility of Scottish legislation which removes an otherwise available reasonable belief defence as to the age of a sexual partner to persons previously charged with a relevant offence.

2010 Cadder v. Her Majesty’s Advocate [2010] UKSC 43 – on the Convention right to have a solicitor present during a police interview while in police detention.

2010 R (JF and Thompson) v. Minister of Justice [2010] UKSC 17 – Article 8 ECHR right to privacy and its compatibility with the imposition of indefinite period of notification on the sex offenders register without provision for review on sex offender.

2017 Janah v. Libya/Benkharbouche v. Sudan [2017] UKSC 62; [2015] EWCA Civ 33 – whether principles of EU law and the Charter of Fundamental Rights could be prayed in aid to established jurisdiction and right to a substantive remedy in employment dispute claims which were otherwise barred by State immunity under national legislation.

2017 R (UNISON) v. Lord Chancellor [2017] UKSC 51 – JR of validity of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 requiring payment of court dues/fees for claims to ETs and appeal to EAT. Submissions on behalf of intervener, the Independent Workers Union of Great Britain (IWGB).

2015 Hainsworth v. Ministry of Defence 1 December [2015] UKSC not reported (re Article 5 of Directive 2000/78 and the duty of an employer to make reasonable adjustments within the context of associative discrimination to accommodate the disability needs of a dependent child of an employee).

2014 St. Margaret’s Children and Family Care Society v. Office of the Scottish Charity Regulator SCAP App 02/13 (Scottish Charity Appeal Panel, 31 January 2014) – whether religiously based adoption society could be required to amend its published guidance to ensure no discrimination on grounds of religion and belief or sexual orientation in respect of prospective adoptive parents.

2013 London Christian Radio v. Radio Advertising Clearance Centre and Secretary of State for Culture, Media and Sport [2013] EWCA Civ 1495 – whether the ban on political advertising extended to an advertisement seeking information about claims of marginalization of Christians in the workplace.

UK Supreme Court work

Aidan O’Neill QC is one of the most experienced pleaders in the UK before the House of Lords/UK Supreme Court having appeared as senior counsel in some 27 appeals there since taking silk in 1999 in cases which have covered a wide variety of areas including: environmental law, criminal law, employment law, discrimination law, administrative law, constitutional law, human rights law and EU law.

CASES before the UKSC

2017 “A” v. General Council of Bar of Northern Ireland [2017] UKSC judgment awaited – compatibility of NI Bar Council rules requiring instruction of senior counsel with Convention right to lawyer of one’s choosing). Written and oral submissions on behalf of the appellant, “A”

2017 Janah v. Libya/Benkharbouche v. Sudan [2017] UKSC 62; [2015] EWCA Civ 33 – whether principles of EU law and the Charter of Fundamental Rights could be prayed in aid to established jurisdiction and right to a substantive remedy in employment dispute claims otherwise barred by claims to State immunity under national legislation. Written and oral submissions on behalf of intervener, the AIRE Centre.

2017 R (UNISON) v. Lord Chancellor [2017] UKSC 51 – JR of validity of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 requiring payment of court dues/fees for claims to ETs and appeal to EAT. Written submissions on behalf of intervener, the Independent Workers Union of Great Britain (IWGB).

2017 AB v. Her Majesty’s Advocate [2017] UKSC 25 – successful challenge to the Convention compatibility of Scottish legislation which removes an otherwise available reasonable belief defence as to the age of a sexual partner to persons previously charged with a relevant offence. Written and oral submissions on behalf of the appellant, “AB”

2017R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 – whether the UK Government could rely upon its prerogative powers to trigger Article 50 TEU for the UK to leave the EU). Written submissions for the intervener, the Independent Workers Union of Great Britain (IWGB)

2016 Christian Institute and others v. Lord Advocate [2016] UKSC 61, – judicial review on whether or not the “named person service” provisions in Part 4 of the Children and Young People (Scotland) Act 2014 are within the legislative competence of the Scottish Parliament and compatible with fundamental rights standards for data protection. Written and oral submissions on behalf of the appellant, the Christian Institute

2016 Shindler and another v. Chancellor of the Duchy of Lancaster 24 May [2016] UKSC 2016/0105 – challenge to the EU and common law constitutional compatibility of the exclusion from the Brexit referendum franchise of British citizens who had exercised their EU free movement and citizenship rights to live outside the UK for more than 15 years. Written and oral submissions for the appellants, Shindler and Maclennan, in an opposed permission hearing

2015 Hainsworth v. Ministry of Defence 1 December [2015] UKSC not reported – re Article 5 of Directive 2000/78 and the duty of an employer to make reasonable adjustments within the context of associative discrimination to accommodate the disability needs of a dependent child of an employee). Written and oral submissions on behalf of intervener, the Equality and Human Rights Commission (EHRC), at an opposed permission hearing.

2014 Moohan and others v. Scottish Government [2014] UKSC 67; [2014] CSIH 56; [2014] CSOH 199 – judicial review of the Scottish Independence Referendum (Franchise) Act 2013 for its exclusion of convicted prisoners in the independence referendum franchise. Written and oral submissions on behalf of the appellants, Moohan and others.

2014 R (Sandiford) v. Foreign and Commonwealth Office [2014] UKSC 44; [2013] EWCA Civ 581; [2013] EWHC 168 (Admin) – whether the FCO had duties at common law under the ECHR to provide funding for legal representation of British nationals facing death penalty abroad. Written and oral submissions on behalf of the appellant, Sandiford.

2013 Bulls v. Preddy and Hall [2013] UKSC 73 – whether Christian guest house owners could, on grounds of religious conviction, lawfully refuse a double-bedded room to a couple in a civil partnership. Written and oral submissions on behalf of the appellants, Mr and Mrs Bull.

2013 R. (Chester) v Secretary of State for Justice/McGeoch v. Lord President of the Council [2013] UKSC 63; [2011] CSIH 67; [2011] CSOH 65 – Judicial Review of the compatibility with the petitioner’s EU law citizenship rights of the decision to refuse the a convicted prisoner’s application to be included on the Electoral Register for local government elections and separately for elections to the European Parliament. Written and oral submissions on behalf of the appellant, McGeoch.

2012Walton (formerly Roadsense) v. Scottish Ministers [2012] UKSC 44 – EU law and the Aarhus Convention in relation to duties of strategic environmental assessment, public consultation and statutory title of “persons aggrieved” to object to road schemes on environmental grounds. Written and oral submissions on behalf of the appellant, Walton

2011 AXA General Insurance v. Lord Advocate [2011] UKSC 46: judicial review of the validity and Convention compatibility of the Damages (Asbestos-related conditions) (Scotland) Act 2009. Written and oral submissions on behalf of the third to tenth respondents, all individual sufferers from asbestos related conditions.

2011 R. (Cart) v Upper Tribunal [2011] UKSC 28 and Eba v. Advocate General for Scotland [2011] UKSC 29 – on the susceptibility of decisions of the Upper Tribunal to judicial review in Scotland and England and Wales. Written intervention on behalf of the intervener, JUSTICE.

2010 Cadder v. Her Majesty’s Advocate [2010] UKSC 43 – on the Convention right to have a solicitor present during a police interview while in police detention. Written and oral submissions on behalf of the intervener, JUSTICE

2010 R (JF and Thompson) v. Minister of Justice [2010] UKSC 17 – Article 8 ECHR right to privacy and its compatibility with the imposition of indefinite period of notification on the sex offenders register without provision for review on sex offender. Written and oral submissions on behalf of the intervener “A”

CASES before the UKHL/UKPC

2007Somerville v. Scottish Ministers [2007] UKHL 44 – on time bar, just satisfaction damages and the constitutional relationship between the Scotland Act 1998 and the Human Rights Act 1998. Written and oral submissions on behalf of the appellants, Somerville and others

2007Beggs v. Scottish Ministers [2007] UKHL 3 – on the competency of, and mens rea for, a finding of contempt of court against government departments. Written and oral submissions on behalf of the appellant, Beggs

2005 Davidson v. Scottish Ministers [2005] UKHL 74 – constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government. Written and oral submissions on behalf of the appellant, Davidson.

2004 Davidson v. Scottish Ministers (No. 2) 2004 UKHL 34 – quashing of decision of Extra Division on the grounds of apparent judicial bias given previous legislative and executive involvement of one of that bench when Lord Advocate in the very legal issue raised in that case. Written and oral submissions on behalf of the respondent, Davidson.

2004Archibald v. Fife Council[2004] UKHL 32 – the scope of the duty of reasonable adjustment under sections 5 and 6 of the Disability Discrimination Act 1995. Written and oral submissions on behalf of the respondent, Fife Council

2003 MacDonald v. Ministry of Defence [2003] UKHL 33 – whether the prohibition against sex discrimination encompassed discrimination on grounds of sexual orientation. Written and oral submissions on behalf of the appellant, MacDonald

2003 Davidson v. Scottish Ministers: incidental petition re dismissal of appeal (UKHL 31 July 2003) – determination on the issue of when leave may be required from the Inner House for an appeal to the House of Lords. Written and oral submissions on behalf of the petitioner, Davidson.

2001Millar v. Dickson [2001] UKPC D4 – appeal to the Privy Council from the High Court of Justiciary on the devolution issue question of the waiver of the right under Article 6 ECHR to an independent and impartial tribunal. Written and oral submissions on behalf of the appellant, Millar

Education:

2012 LL.D University of Edinburgh
(Doctoral degree awarded on the basis of an examination and assessment of the academic merits, independent scholarship and legal substance of published books and articles)

1991-92 LL.M. European University Institute, Florence
(Masters’ degree in Comparative, International and European law awarded on the basis of a thesis “The Government of Judges: a study in judicial politics and the rule of law”. Thesis published by the EUI as Law Working Paper 93/3)

1983-1985 LL.M. (Hons.) (First Class) University of Sydney, Australia
(Masters’ degree in legal and moral philosophy awarded on the basis of a thesis “The Foundations and Structures of Legal Reasoning: an investigation into the role and scope of practical reasoning in our understanding of the law”. Awarded Sydney law faculty medal for best Master’s degree of 1987)

2015 Fee paid (part-time) Chair of the First Tier Tribunal of the Scottish Tax Tribunal

2009-2013 Chairman of the Edinburgh Centre for Constitutional Law and Honorary Fellow in the School of Law, University of Edinburgh

2009 & 2010 Visiting lecturer and course leader in “Human Rights law in Practice”, Diploma in Legal Practice at Edinburgh Law School

Sep 2007-Jun 2008 Visiting Professor in the Woodrow Wilson School of Public and International Affairs, and Senior Research Scholar and Fellow in the Program in Law and Public Affairs, Princeton University, NJ, USA.

Publications

Books

Brexit, law and trade: a guide for the perplexed (Hart Publishing, forthcoming)